Wednesday, January 16, 2013

This is a draft ordinance that the Board of Trustees is considering adopting.  This ordinance had its first reading at the Board of Trustees meeting on Monday, January 14, 2013 and will be on the next agenda on Monday, January 28, 2012.

 

 

 

 

 

 

Town of Silver Plume

Ordinance Number XXX

Date

 

 

AN ORDINANCE GOVERNING THE STREETS AND SIDEWALKS WITHIN THE TOWN OF SILVER PLUME, COLORADO

 

 

WHEREAS, the Town of Silver Plume has adopted the Model Traffic Code for Colorado, ("Model Traffic Code"); and

 

WHEREAS, the local government has determined that factors within the Town are such that rules pertaining to streets and sidewalks should be instituted.

 

Section 1 – Definitions

 

The following terms and phrases shall have the meanings described to them except where the context clearly indicates a different meaning:

 

Sidewalk – That portion of the street which is set aside for the use of pedestrians and which has been surfaced with cement, stone or other material approved by the Town Board.

 

Street – The entire width of every dedicated public way and shall include the traveled portion thereof known as the roadway, the roadway known as the parking shoulder and the roadway used for sidewalks.

 

Director of Public Works – That individual appointed by the Town Board responsible for roads, bridges, water system, wastewater collection system, and maintenance of Town owned structures.  

 

Section 2 – General

 

Street Names.  The names of all streets within the Town shall be as shown upon the map of the street system that has been in use since the town incorporation in 1884.  Maps of the streets are on file in the office of the Town Clerk.

 

Streets - Snow and Ice Removal

1.       The Town shall attempt to maintain streets such that emergency vehicles can access each property.  

2.       Property owners shall not impede such removal. 

 

Sidewalks  -Snow and Ice Removal – Sidewalksshall be kept clean by owner, manager, or agent of occupant of real property.  Sidewalks shall be kept clear of personal belongings

 

Sidewalks  -Cleanliness  - Sidewalks shall be kept clean by the owner permitting no dirt, sand, gravel, rocks, and ice of any other manner of litter or debris to accumulate or remain upon any sidewalk alongside such property.  Trash receptacles of a capacity greater than 55 gallons shall be stored off Town streets ad shall be placed out of street view or have fencing placed around them.

 

Street Use -- Streets may be used by properly registered vehicles, pedestrians, bicyclists, and  non-typical motorized vehicles such as golf carts.   Vehicles subject to Colorado or Federal law must comply with such laws including wear of safety equipment (helmets, seat belts, shoulder harness, etc.)

 

Street Parking – Because of the narrow streets of the town, all street parking shall be parallel and shall abide by fire lane restrictions.  Only properly registered vehicles are allowed to park on streets.  Encroachment onto streets by placing personal items is prohibited.  In this regard, inoperative equipment, watercraft, recreational vehicles and other personal items may be parked on streets for no longer than one week.  Long term parking of unregistered vehicles or personal items on streets is allowed.

 

Section 3 – Maintenance and Excavation

 

a.       Sidewalks – construction, repair etc. All sidewalks shall be maintained with an even surface and in good repair.  Maintenance is the responsibility of the property owner.  When repairs are made, the repair shall be of a professional workman-like manner and shall not cause trip hazard or any other hazardous condition. Owner may, for aesthetic reasons, make such repair with flagstone or similar material, but it must be embedded in cement to preclude shifting or tilting. 

 

If the Director Public Works deems sidewalk to be hazardous, the Town shall provide notice in writing to the owner or agent in charge of such premises to repair such sidewalk within thirty days.  If the owner is a nonresident or his whereabouts is unknown, such notice may be given by publication in a local newspaper and by certified mail, postage prepaid, mailed to last known address of such owner or agent.  If such repairs are not made within 30 days after such notice, the Town may order such repairs to be made by contract or by Public Works and the expense connected therewith shall be a lien upon the property.  The Town Clerk shall certify such assessment to the County Treasurer to be collected in the same manner as general taxes.

 

b.      Excavations of Streets or Sidewalks  –It is unlawful for any person, other than the Director Public Works in the course of his or her employment to construct, reconstruct, repair or alter any curb cut, excavation, driveway or other opening to or intersection with the surface of any street, sidewalk, or other public place or to excavate or make any opening in or under the surface of such streets, sidewalks or other public places with first obtaining a permit therefor.  (excavation for curb stop access is not prohibited.)

 

Application for permit.  An applicant for a permit hereunder shall submit to the Town Clerk, a processing fee as set forth in the Towns fee schedule and an application showing:

1.       Name and address of the owner or agent in charge of the property abutting the proposed work area.

2.       Name and address of the party doing the work.

3.       Location of the work area.

4.       Attached plans showing details of the proposed alteration (the project)

5.       Estimated cost of the alteration.

6.       Plans and cost estimate to perform restoration of street to standards at level found prior to work beginning.

7.       Such other information about the operation as the Director Public Works shall find reasonably necessary to the determination of whether a permit should be issued hereunder.

8.       A processing fee of $ 5,000 that shall be used for administrative, legal, engineering shall accompany the permit application.  The processing fee will be used for administrative, engineering, legal and/or law enforcement reviews.  Any unused portion of the processing fee shall be returned to the permit applicant.  If it is found that the review costs exceed $ 5,000 the permit shall not be issued until such time as the permit applicant reimburses the additional costs. 

 

The Town Clerk shall issue the permit when:

1.       The plans for the proposed alteration (project) have been reviewed, approved and signed off on by the Director Public Works, Building Official, and if necessary – law enforcement authority.

2.       The work shall be done according to the standard specification of the Town for public work of like character unless the operation abuts or intersects with a State highway, in which case all standards set by the Colorado Department of Transportation for entrances to State highways shall be met.

3.       Neither the construction nor the use of the completed operation will unreasonably interfere with vehicular and pedestrian traffic, the demand and necessity for parking spaces, and the means of egress to and from property affected and adjacent properties.

4.       The health, welfare and safety of the public will not be unreasonably impaired.

 

Supervision of work, cost, and bond for excavation.

1.       All work for which an excavation permit has been issued shall be supervised by the Director Public Works who shall have the right to prescribe the method to be used in the construction or excavation, the width thereof and any other reasonable condition for the protection of the public, utilities, and for minimizing interference with vehicular or pedestrian traffic.

2.       All operations performed pursuant to permits granted hereunder shall be done solely at the expense of the property owner requesting the same.

3.       Bond – The Town shall require a maintenance and construction bond, either cash or surety, to be filed with the application for a permit hereunder, in an amount equal to the estimated cost of the project.  The bond will be conditioned upon the work being done in accordance with the Town's standard specification, or if applicable, in accordance with the CDOT standards, and guaranteeing the same for a period of two years.  Upon expiration of two years from the completion of the work covered by the permit in conformity with this Section as determined by the Director of Public Works the cash deposit will be refunded to the permittee or a surety released.  The Town may use any or all of such deposit or bond to pay the cost of any work the Town performs to complete, restore or maintain the operation in the event the permittee fails to perform such work in accordance with the plans and specification or the work product fails within the two year period.

 

c.       Retaining Walls - The maintenance, repair and replacement of all retaining walls existing on, abutting or adjacent to Town streets and rights-of-way shall be the obligation of the owners of the property abutting such streets and rights-of-way.  The Town Board may order construction, repair or replacement of retaining walls where such construction repair or replacement is necessary to provide or maintain lateral support for Town streets and rights-of-way.  Provisions for ordering construction of a retaining wall shall be the same as provided in the existing Building Codes.

 

d.      Street Maintenance -- The Director Public Works shall perform maintenance of the Town streets such that they are smooth, drained and make minimal dust.  The Director Public Works shall pace signs designating No Parking for Fire Lanes and for No Parking for snow removal.

 

e.      Street Closure

1.       The Director Public Works is hereby authorized to close streets within the Town to the passage of vehicles and pedestrians when required in the opinion of the Town.  This may be to facilitate street maintenance, excavation, construction and repair, utilities service or when necessary to promote public safety.  The Director Public Works may use whatever method deemed appropriate to demarcate such closures so long as the barricades of other methods are visible to the public.

2.       It is unlawful for any person to enter a closed street that has been so designated by barricade or other method.  It is unlawful for any person to remove or otherwise disturb barricades or other street closure demarcation devices.

 

f.        Barricades and Lights -- If at any time a street is to be closed (construction, public event, etc.) it shall be barricaded and between sunset and sunrise, shall be lighted so as to warn all persons of danger.  Such barricades and lights shall be of substantial construction and shall be furnished by the person closing the street.

 

Section 4 - Street Weight Limitations

 

1.       Weight Limits -- The streets of Silver Plume are all unpaved (no hard surface).  The towns water and sewer infrastructure are buried in the town streets.  Precautions must be taken to protect such infrastructure, accordingly weight limits are imposed on the streets as follow:

a.       Residential area streets – No vehicle exceeding 15,000 pounds may use streets in the residential area.  Service vehicles such as trash pickup, moving vans, residential delivery are exempted but shall not exceed 26,000 pounds.

b.      Commercial zoned streets – No vehicle with a gross weight exceeding 26,000 pounds may use streets in the commercial zoned areas.  If circumstances are such that an exception is required, the owner or representative of the owner of the commercial property on which said use is located may make application to the Board of Trustees of the Town for the isolated exception.

c.       Mining Zoned Streets – Per Ordinance 201, no motor vehicle with a gross weight of greater than 15,000 pounds, engaged in hauling materials to or from an accepted use in M districts may make use of the streets of the Town unless the owner or representative of the owner of the property on which said use is located has made application to the Board of Trustees of the Town.  This Ordinance does not modify such restriction.

d.      Mining Material Hauling - Vehicles hauling mining materialsfrom mining activitiesoutside the Municipal Limits of the Town may not traverse any street within the municipal limit unless the hauling vehicles abide by the same weight limit specified for Mining Zoned streets. 

               

2.       Permit for Exceptions – If an exception to the weight limits is contemplated by any person, an application for overweight vehicles for such exception may be submitted to the Town Clerk as follows:

 

An applicant for a permit hereunder shall submit to the Town Clerk, an application and a processing fee of $ 10,000 showing:

1. Name and address of the owner or agent in charge of the vehicles that will be utilized.  

2. Name and address of the party for whom the hauling is being performed.

3. The streets that are planned for use.

4. The number of trucks to be utilized for hauling and the weight of each vehicle.

5. The number of trucks per day and the number of days planned for use.

6. Attached plans showing details of the proposed hauling to and from the project.

7. Plans and cost estimate to perform restoration of street to standards at level found prior to work beginning.

8.   Such other information about the operation as the Director Public Works shall find reasonably necessary to the determination of whether a permit should be issued hereunder.

 

The Town Clerk shall issue the permit when:

1.       The plans for the weight exception have been reviewedand signed off on by the Director Public Works, Engineering firm, Town Attorney (if required),Building Official, and law enforcement authority.

2.       The use of the streets contemplated for use by the hauling operation will not unreasonably interfere with vehicular and pedestrian traffic, the demand and necessity for parking spaces, and the means of egress to and from property affected and adjacent properties.

3.       The health, welfare and safety of the public will not be unreasonably impaired.

 

The Director of Public Works shall monitor the hauling operation, ensure compliance by the Permit Holder and report to Town Board as necessary.  The Town may perform Restoration of the streets to similar condition with costs billed to the Permit Holder.

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